James P. McArdle, Pittsburgh, for Howard Gross.
P. J. McArdle , Pittsburgh, for George Manko.
Jason Richardson, Frank R. Bolte, Pittsburgh, amici curiae.
Charles J. Margiotti, Atty. Gen., W. Denning Stewart, Sp. Deputy Atty. Gen., Maurice H. Goldstein, Asst. Sp. Deputy Atty. Gen., for appellee.
Before Hirt, Acting P. J., and Reno, Dithrich, Ross, Arnold, and Gunther, JJ.
[ 168 Pa. Super. Page 178]
And now, November 25, 1950, adjudications and sentences reversed. An opinion will be filed at a later date.
These two cases were argued together and will be disposed of in one opinion.
A special investigating grand jury was summoned in Allegheny County upon the petition of the Attorney General of Pennsylvania to inquire particularly concerning the defrauding of the city of Pittsburgh by the use of labor, materials and supplies for private purposes. The petition set forth: (a) That Thomas E. Kilgallen, president of city council, together with one Howard Gross (appellant), supervisor of the department of lands and buildings of the city, unlawfully and corruptly used city labor and materials upon property of Kilgallen in Butler County, and upon the property of others in Butler and Allegheny Counties. (b) That Gross and George Manko (appellant) unlawfully and corruptly appropriated labor and materials of the city for the private ...